[2017] KEHC 7267 (KLR)

[2017] KEHC 7267 (KLR)

The court found that although the Constitution generally favors the granting of bail, this right is not absolute and may be displaced where compelling reasons exist. The applicant had absconded from her trial for 20 years, demonstrating a real risk that she would not attend her resumed trial if released. The court held that the applicant's age and health condition did not outweigh the compelling reason presented by her previous conduct of absconding. Accordingly, the court declined to grant bail, emphasizing that the applicant's failure to surrender to bail on a previous occasion is a sufficient ground for refusal.

Citation
[2017] KEHC 7267 (KLR)
Parties
Applicant: Beth Wanjiru Mwarangu; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
15 March 2017
Case Number
Miscellaneous Application 7 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Bail Denial
Outcome
application for bail review dismissed
Judges
MM Kasango
Legal Topics
Bail Pending Trial, Review of Magistrate Orders, Absconding Accused, Compelling Reasons for Bail, Right to Fair Trial
Source Language
English
Criminal Law Civil Procedure Bail Pending Trial Review of Magistrate Orders Absconding Accused Compelling Reasons for Bail Right to Fair Trial

Case Brief

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Parties

Beth Wanjiru Mwarangu

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Review of Bail Denial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial after absconding for 20 years.
  2. 2 Whether the applicant's age and health condition constitute sufficient grounds for granting bail despite her previous conduct.

Ratio Decidendi

The court found that although the Constitution generally favors the granting of bail, this right is not absolute and may be displaced where compelling reasons exist. The applicant had absconded from her trial for 20 years, demonstrating a real risk that she would not attend her resumed trial if released. The court held that the applicant's age and health condition did not outweigh the compelling reason presented by her previous conduct of absconding. Accordingly, the court declined to grant bail, emphasizing that the applicant's failure to surrender to bail on a previous occasion is a sufficient ground for refusal.

Court Disposition

application for bail review dismissed

Orders

  • The application for review of the order denying bail is declined.